# Equality Act 2010, Paragraph 2

Extent: E+W+S

(1) A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that—
(a) the employment is for the purposes of an organised religion,
(b) the application of the requirement engages the compliance or non-conflict principle, and
(c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).
(2) The provisions are—
(a) section 39(1)(a) or (c) or (2)(b) or (c);
(b) section 49(3)(a) or (c) or (6)(b) or (c);
(c) section 50(3)(a) or (c) or (6)(b) or (c);
(d) section 51(1);
(e) section 60A(1).
(3) A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that—
(a) the qualification is for the purposes of employment mentioned in sub-paragraph (1)(a), and
(b) the application of the requirement engages the compliance or non-conflict principle.
(4) This sub-paragraph applies to—
(a) a requirement to be of a particular sex;
(b) a requirement not to be a transsexual person;
(c) a requirement not to be married or a civil partner;
(ca) a requirement not to be married to, or the civil partner of, a person of the same sex;
(cb) a requirement not to be the civil partner of a person of the opposite sex;
(d) a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner;
(e) a requirement relating to circumstances in which a marriage or civil partnership came to an end;
(f) a requirement related to sexual orientation.
(5) The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion.
(6) The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers.
(7) A reference to employment includes a reference to an appointment to a personal or public office.
(8) In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) has effect as if in paragraph (c) the words from “(or” to the end were omitted.

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Source: https://www.legislation.gov.uk/ukpga/2010/15/schedule/9/paragraph/2 (the official version)
Page: https://openlegislation.uk/equality-act-2010/schedule-9/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

